HHS Releases Model Attestation Required by the HIPAA Privacy Regulations Relating to Reproductive Health Care

Lexology August 20, 2024
Haynes and Boone LLP

As previously discussed in our newsletter here, HHS issued a final rule that prohibits a covered entity, such as an employer-sponsored group health plan (or its business associate) (collectively, the “Regulated Entities”), from using or disclosing protected health information (“PHI”) when it is requested to conduct a criminal, civil, or administrative investigation into or impose criminal, civil, or administrative liability on any person for the act of seeking, obtaining, providing, or facilitating reproductive health care, where such health care is lawful under the circumstances, or to identify any person relating to those activities (“Prohibited Activities”).

Regulated Entities who receive requests for PHI potentially related to reproductive health care must obtain a signed attestation from the requestor that the use or...

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